When Benjamin Franklin penned his famous quote about the certainty of taxes, he would probably not have been thinking about VAT and the travel industry.
The Pensions Regulator's (TPR) revised ‘Code of Practice 13: Governance and administration of occupational trust-based schemes providing money purchase benefits’ (Code of Practice) came into effect on 28 July 2016. On the same date, TPR also published its response to the consultation on six defined contribution (DC) ‘how-to’ guides to accompany the revised code of practice.
The decision - Court of Appeal in May 2016 gave an important decision on regulated activities performed by appointed representatives in Personal Touch Financial Services Limited -v- Simplysure Limited
Newey J has held that the provisions of the Mental Health Act 1983 (MHA) do not exclude the availability of a private law claim for unjust enrichment. The matter came before the court following an application by the defendant local authority and CCG (the authorities) to strike out a claim for restitution. The claim was based on an alleged failure by the authorities to carry out their duties to provide free after-care services under section 117 MHA (the claimant having funded these).
Following the vote to leave the EU on 23 June 2016 there has been a lot of uncertainty around what the decision actually means. It would seem that no one who is likely to be involved in the BREXIT process has yet formulated a clear plan on what it will mean and how it will be implemented. However, it will undoubtedly result in big changes.
Last week advocate general Bot released an opinion in respect of a referral made by the national Czech Republic courts for a preliminary ruling on whether a bird strike should be considered an extraordinary circumstance (C-315/15 - Marcela PeÅ¡ková, JiÅà PeÅ¡ka -v- Travel Service as). Whilst advisory in nature, the opinion has concluded that bird strikes do not fall within the extraordinary circumstances defence currently available to carriers since, in his opinion, they are inherent in the normal exercise of the activity of a carrier.
An important judgment was handed down today in the High Court confirming that NHS England has the power to commission for preventative purposes under the NHS Act 2006 and the Act also confers upon it (NHS England) a broad discretion as to how it exercises its powers to achieve its target duties.
In a recent judgment, the court has confirmed that, in circumstances where a prisoner’s death is clearly due to natural causes, the procedural obligation under Article 2 ECHR is not engaged.
The recent case of Timothy Taylor Limited -v- Mayfair House Corporation and Another looks at the relationship between a landlord’s reserved right to build and a tenant’s right to enjoy the demised premises pursuant to the landlord’s covenant for quiet enjoyment. Although the action takes place in London, the principles are relevant wherever landlords undertake building works.
The Government has announced changes to Tier 2, the main immigration route for non-EEA nationals to apply to work in the UK. The Government says that these changes are to ensure that employers are incentivised to upscale and train resident workers whilst making sure they can continue to access migrant workers when needed. The changes to this immigration route will come into effect in two stages, autumn 2016 and April 2017, to ensure that businesses have sufficient time to prepare. The main changes are:
